Tag Archives: bp class action

BP Settlement Resumes

I am pleased to tell everyone that the BP SETTLEMENT will resume. When? We really don`t know, but we are a whole lot closer. The 5th circuit judges as a majority, ruled in favor of Judge Barbier`s previous decisions. I speak for many when I tell you how pleased we all are.

We Thank The 5TH Circuit for actually “Making it Right” and for Judge Barbier and Patrick Juneau for having it RIGHT the whole time. We further appreciate Judge Barbier and Patrick Juneau for sticking to their guns, and holding BP accountable.

The Fifth Circuit Judges “Made it Right” by lifting the stay for Business Economic Losses or BEL`s imposed by a previous 5TH Circuit Panel.

BP was in a no lose position

Either BP could stall the settlement, or get it thrown out, they stalled. As BP stalled the settlement for the last several months, you need to wonder how much money BP accrued through its holdings during that time. How much money did BP save during this period, and how much did BP make with the money they should have been paying oil spill claims with.

Barbier and Juneau had it Right from the Start

Juneau and Judge Barbier had it right from the beginning. BP had made an agreement that showed causation through the V test and other models and they were bound by the terms of that agreement.

In reality all this is was, was another stall tactic by BP.

There is no doubt that we’ve seen this before during the GCCF days and the BP settlement era. What it comes down to is, it just takes more time for people to get paid, and some people with VALID BP Claims will just let their claims go, and let BP off the hook, , they wore them down, don`t let them.

As part of the collateral damage many groups just could not afford to process BP claims anymore, or just elected not to. It is difficult to justify a continual expenditure on BP claims that just don`t seem to get paid. By BP continually stalling it, put many groups in a tough financial position.

Other issues are that many CPA groups, specifically the smaller ones are not staffed to handle BP claims and the regular accounting load. and these guys are now heading into tax season.

If you are a a group or firm that needs help with it`s BP Claims Case load call 1-800-BP-CLAIM. We have other processors and attorney`s that would be happy to work something out with you.
The BP claims processes was meant to to get people paid. Plain and simple, not get blocked by BP every step of the way.
BP`s strategy revealed they would use of the Delay, Deny and Defend strategy. This is the standard strategy by unscrupulous insurance companies and BP.

The BP Settlement and the end of the GCCF

The BP Settlement should have preliminary approval on Wednesday of this week, on the whole it does do the most amount of good for the most people, however the BP Settlement could do more. It could address the people that were victimized by Quick pays, it could pay people that are upstream from the fishermen such as the processors and give them better BP Settlement multipliers. The BP Settlement under Judge Barbier could truly make it right for so many people.

This will be Patrick Juneau`s swan song, in many peoples opinion. The BP Settlement will be ran by Judge Barbier and administered by Patrick Juneau, it is called the BP Court Supervised Settlement. The BP Settlement promises transparency and quick payouts. You do not need an Attorney to be a part of the BP Settlement, though some websites out there tell you, you do, they lie.

The BP Settlement and the Gulf Coast Claims Facility

The Gulf Coast Claims Facility will be replaced by the new BP Settlement Fund. We have heard from Managers of the Gulf Coast Claims Facility that they will be leaving their jobs on June 1st to be replaced by the new staff that will be running the BP Settlement on June 4th. The infamous days of the Gulf Coast Claims Facility are almost over, leaving Ken Feinbergs reputation ever tarnished. The Delay, Deny, and Defend tactics they used were unconscionable, forcing people to take quick pays or lowered final pay outs, just to save BP money, need to be addressed in the BP Settlement, or BP Class Actions will most definitely come into play. There are people now organizing Class Actions for people who took Quick Pays, how do I know because we are one of them.

The GCCF was an Abomination

Never in the history of a disaster such as this was an organization allowed to run rampant and to take advantage of so many. Over 200,000 people took the Quick Pays, people were promised Interim Payments, but instead got bombarded by Quick Pays. The GCCF knew that many people were starving and facing foreclosures.

I never did understand why President Obama and the leaders in the Banking Industry did not put a freeze on foreclosures in the most affected areas. Instead debts piled up and the GCCF took advantage of their own Delay tactics, and as bills piled up for many, and they moved closer to the brink, they began to break out the Quick Pay schemes. People were economically forced to take them and we ALL know this as a fact.

People were told numerous times that the GCCF had lost their paperwork, only to find that often the paperwork was simply mislabeled and put somewhere else in their file, another Delay tactic.

The GCCF went on to lie to major Attorneys in the Oil Spill litigation and told them to take in all the BP Claims they could and put them into the Bulk Upload, this allowed the Attorneys to register the clients and the heads of the GCCF said they would pay these clients even though limited paperwork was on file at the GCCF.

Many people thought there claims had been filed, indeed they were, but they were not payable, we know this because we have talked with the people processing them at Brown Greer and they were laughed at and denied. It seems the GCCF would use these people as targets for Quick Pays as well. We have often heard of people that filed with Attorneys would be approached by members of the GCCF waving 5k or 25k in front of them. These people never even filed claims individually with the GCCF. It is our belief that the GCCF used the many clients that were entered into the Bulk Upload as a contact list, to hit people that were disadvantaged by the whole Bulk Upload scheme so they could be hit by Quick Pays.

It seems as though the GCCF would tell one group one thing, and another group something else, which lead to confusion and aggravation and fewer BP Claims getting paid. People signed off their rights to further sue BP, just for a quick infusion of cash. The BP Settlement has the opportunity to right the many wrongs of the Gulf Coast Claims Facility.

How can we Help you with your BP Settlement.

We have connected with Licensed Claims Adjusters that have worked in this sort of Claims arena for years, they charge 15% for your standard claims and 7.5% for large loss claims. They can help with any BP Claims you may have.

Attorneys are used when needed for the BP Settlement, but there are strategic times and types of claims that they should be called upon. There are most certainly some BP Claims that demand using an Attorney, and when needed they will be. Attorneys traditionally start at 25%.

BP Claims making the News

BP CLaims Czar

I have been writing for about a month now about BP Claims and the ensuing battle for transparency with the GCCF and Ken Feinberg. BP Claims Lawyers have asked Judge Barbier to appoint a Special Master to the 20 Billion Dollars Oil Spill Claims Fund. Attorney Generals from the Gulf States have asked Judge Barbier to look at complaints that the GCCF is intentionally Delaying, and Denying BP Claims in order to pressure oil spill victims into taking BP Quick Pays. Attorneys for the Plaintiff`s also charge that the GCCF is not in compliance with the Oil Pollution Act, and that all the Quick Pays deserve a second shot at the BP Claims Fund.

Today GCCF Lawyers Defend their Handling of BP Claims

The Attorney for Ken Feinberg, David Pitofsky said in court filings that the BP Claims Funds accomplishments show that there is no need for court oversight. He went on to say that they are overseen by several committees in Congress and the Coast Guard. When asked about the BP Claims Quick Pays he said that “It can be a perfectly rational decision to accept an assured short-term payment over a possibly larger, but postponed long-term payment. He also said that “claimants are drawn by the immediate cash for their BP Claims.”

GCCF Tactics regarding BP Claims

The GCCF is utilizing a Delay, Deny, Defend tactic when it comes to paying your BP Claims. The GCCF is ever changing what they are asking people for regarding documentation, and the BP Claims process is ever shifting and becoming more forensic. People are receiving unsolicited offers from the GCCF mostly in the form of Quick Pays. Many of the Quick Pays that are being offered by the GCCF are far lower then what BP actually owes people and business`s affected by the BP Oil Spill.

What to do about Your BP Claims

Quite simply put them in the hands of a BP Claims Expert, whether you use one of our BP Claims Team members, or find your own. BP Claims Team members are getting oil spill claims paid. We have been working with many of them since the beginning of the spill, and they are doing a fine job getting people paid. We have added some new members that are filling niche`s as new developments in the BP Claims process need to be addressed. BP Claims Team members can look into your claim while it is at the GCCF, and figure out why it is being delayed, cure any deficiencies, and explain your claim to GCCF staff in order to substantiate your claims. BP Claims members can help if your claim was denied, and of course they can help you if you are filing a BP Claim for the first time. All Team members work on a contingency basis, and their fees start at 15%.

BP delivers a body blow to the BP Claims Process

BP Claims Nightmare

BP has let us all know where they stand with the BP Claims process, if there was any doubt in your mind, if you thought they would show good faith, if you thought they were truly going to “make it right” through the BP claims process, they are not.

BP announced last week they did not want to pay for future loses, then they hit people with low ball BP Claims offers, hoping people would be happy, just to get something for their BP Claims. After BP made the statement regarding future loses, it was predicted by BPClaims.org that they would follow this up with low ball offers, and that is exactly what happened.

We had all hoped that BP would act in good faith, instead they trying to bury people in BP Claims paperwork, and other delaying tactics.The Attorney Generals from across the Gulf Region have seen this coming, and are launching a full investigation into the BP Claims process.

BP Claims: Our Pledge and Our Team

If you have a Valid BP Claim we will not rest until you get Paid. We have assembled the Best Group of BP Claims Attorneys, and Claims Adjusters that have a history of doing battle with BP and Winning. The team that has come together to make sure you are treated fairly by BP and the GCCF, We have one goal in mind, TO GET YOUR BP CLAIMS PAID. We have several Groups of Attorneys and Adjusters that all have areas of specialization. We have Denied Claims Specialists, BP Business Claims Experts, Medial Claims and VOO Attorneys, and of course Individual Claims are a priority.

BP has shown it`s colors and it`s true intent, there is no longer a shadow of doubt what their true intentions are. We are All very passionate about helping the people, and the business`s affected by the BP Oil Spill, and have a track record to prove it.

BP Denied Claims Paid in 9 Days: BP Claims Under Review Experts

We have added a few new players to the BPClaims.org Team, and I am proud to say they are Experts with BP Denied Claims. They have gotten denied BP Claims paid in 9 Days. They have an in depth knowledge of how the GCCF works, and what is required for a successful BP Claim. If your BP Claims are under review, they can dig in to your claim while it is sitting at the GCCF, find any deficiencies, reorganize it, and maximize it. We will put an end to your BP Claims nightmare.

BP Claims Litigation

If for whatever reason your BP Claim can`t be settled amicably, we have The Attorney that has gotten THE LARGEST AWARDS FROM BP EVER ON OUR TEAM. One way or another BP is going to pay. This is a Tier 1 law firm, which means they are the best of the best, they also specialize in fast tracking BP Business Claims for companies that are in distress as a result of the oil spill. As the true intentions of BP and the GCCF has been disclosed, litigation may be a necessary means to get your BP Claims Paid, it is best to be prepared.

BP Claims And BP

If You Google BP Claims you will see a paid ad from BP that reads: Visit BP’s Claims Page & Learn How To Make A Claim Without A Lawyer. If you haven`t figured it out by now, if they suggest you go left, you may want to strongly consider going right.

By this time many of you have tried to work out your BP Claim with the GCCF only to hear that your claim is UNDER REVIEW, or they NEED MORE DOCUMENTS, which then puts your claim at the bottom of the pile again, they often forget to tell you that. Many of you figured that the GCCF would deal with you in good faith, only to find out otherwise.

Simply put, they are stalling. The GCCF is allotted only 1.25 billion (from the 20 billion set aside) each quarter from BP – they spend it paying off as many “nuisance claims” as they can – and a few “high-maintenance” claims (which are usually represented by aggressive attorneys) – this is done in a few weeks, leaving them to stall again for the next two and a half months.
If you are a Business owner or an Individual, and counted on BP ” Making it Right” you may have a long wait. BP and the GCCF do not want you to take into consideration that you may have Multiple Claims, that the true extent of your losses may not be known in the time window they have given you to calculate your losses, when in fact the true extent of damage done and the long term effects on the economy, the environment, and your health won`t truly be known for years, how do you calculate that in your BP Claims.

BP Business Claims Example: Multiple BP Claims

The Attorneys that we work with are playing leading roles in the upcoming litigation in New Orleans. Plus, they have more experience holding BP accountable then any other law firms in the country, and have the support staff to make sure every Revenue Stream that you or your Business has coming in has been accounted for, and how the Oil Spill and the Stigma may affect your BP Claims.

For Example: a Seafood Restaurant in Grand Isle didn`t just lose customers because nobody was going out there, they also had a rise in seafood prices because product had to be shipped in.

If that same restaurant owned their building, that property greatly depreciated. That too was affected. Now lets go even further, and say that restaurant owned boats that would usually be used for fishing or shrimping, but instead were used in the Vessels of Opportunity program to help clean up the Spill, they couldn`t go fishing and sell the catch to other vendors, and the boats themselves were damaged in the clean up process.

Then you need to factor in how long all of these different events will affect your Business. The fact is nobody really knows, but a good rule of thumb is 3-5 years, barring any other occurrences.
This is an example of Multiple BP Business Claims.

BP Claims and Forensic Accountants

How do Attorneys figure the extent and types of damage that your Business incurred, Forensic Accountants.

Forensic Accountants specialize in looking at a business, taking all things into consideration and arriving at real number that covers your losses.

Do you think that BP or the GCCF are going to help you accurately take all of these different factors into consideration when you are working directly with them? They have no intention, or the resources to help you calculate how long you, or you Business will be affected for, not to mention the Multiple Claims the you may have. They have their BP Claims Methodology in place, who do you think that benefits.

The BP claims process has become adversarial, just think about this. After months of not paying out any interim or final claims, they came up with the Quick Pay, if your Business lost revenue from the spill and it looked like you had a good claim against them, they made blanket offers of 25k to all the businesses that were affected and individuals got a 5k offer.

When in fact many business owners and individuals lost so much more, they did this only after many months of not paying them anything, many took these Quick Pays just so they could keep the doors open a little longer or to pay overdue bills, but they also agreed not to sue BP. There is a strategy going on here, it is called Delay, Deny, Defend, commonly used by unscrupulous insurance companies, the way the GCCF is handling your BP Claims is no different.

BP Claims Experts on Your Side

The first thing to remember is that BP and the GCCF are by no means on your side, just look at their actions. Oil Spill Attorneys that have the proper resources in place, and truly want to protect their clients best interests are the best way to get the compensation you deserve from BP.

Seasoned Oil Spill Attorneys that understand the process, and are respected in their field and are able to get the GCCF and BP`s attention.

Already some of the Attorneys we work with have been asked to consolidate their cases into blocks so that the GCCF can settle their whole case load or blocks of their case load. Why, because they know these Attorneys mean business, and BP does not want to go into litigation against them. While other Attorneys have gotten claims paid within 2 months.

What does this mean for you, it means that you will have BP Claims Experts on your side, we have seen people who initially thought their claim was only worth 10k walk away with more then 60k.
If your claim is settled in a block of claims you don`t have to accept the offer, this is why it is not a BP class action. Your claim is still going through the BP Claims Process after it has been thoroughly investigated and maximized. Finally, if a BP settlement can not be reached it will move to litigation, where an Expert Attorney who knows Oil Spill litigation will fight for your Rights.

All this being said there is an old adage ” Never bring a Knife to a Gun Fight” I am proud to say that we do have the Biggest Guns for this Fight. The Dream Team of Attorneys we have connected with, will do their best to get your BP Claims paid.

BP Claims against Partners

BP asserted claims against Cameron, Halliburton and Transocean in the limitation of liability action,” the report said. “BP’s claims against Transocean include breach of contract, unseaworthiness of the Deepwater Horizon vessel, negligence (or gross negligence and/or gross fault as may be established at trial based upon the evidence) … as well as a declaratory claim that Transocean is wholly or partly at fault for the Incident and responsible for its proportionate share of the costs and damages.”

The report said, “BP’s claims against Cameron assert that Cameron is liable under maritime law for providing a blowout preventer that was unreasonably dangerous in design based on certain design defects, that Cameron was negligent with respect to certain maintenance and repair that it conducted on the Deepwater Horizon BOP …”

A blowout preventer is a giant valve designed to prevent sudden eruptions of pressure.

BP Claims against Haliburton

Moreover, the report said, “BP asserted claims against Halliburton for fraud and fraudulent concealment based on Halliburton’s misrepresentations to BP concerning, among other things, the stability testing on the foamed cement used at the Mississippi Canyon Block 252 well; for negligence (or, if established by the evidence at trial, gross negligence) based on Halliburton’s performance of its professional services, including cementing and mud logging services; and for contribution and subrogation for amounts that BP has paid in responding to the incident and oil spill, as well. …”

Also on April 20, the report said, BP filed a complaint in federal court in Houston against Halliburton alleging “the same counts as BP’s claim against Halliburton in Transocean’s limitation of liability action.”

Halliburton, Cameron and Transocean all filed countersuits.

How Does this effect the BP Claims Process

If you look at how this is playing out between BP and it`s partners, you can see a pattern forming. Everybody is pointing the finger at someone else. It only makes sense that when it comes to BP paying on the claims it is going to point the finger at every other factor it possibly can.

BP is going to utilize every piece of leverage it can, to pay the most minimal amount possible to claimants. BP will point out the lingering effects from Katrina, the slumping economy, and now the great flood of 2011. If they hold true to form , BP will try to make the BP claims process muddier then the Mississippi.

The GCCF Independence Charade

The GCCF is controlled by Arthur Feinberg. Mr Feinberg is employed by BP. The BP Claims process was created by BP, then revamped by Mr. Feinberg under the GCCF banner. During this transition, the process has stalled, and left many without the promised cash along the time lines promised. Mr Feinberg would like people to view he and the GCCF as independent of BP, they are anything but. For example, if your claim is over 250k it needs BP approval. So much for being independent. Finally Judge Barbier ruled that he was not, and could not tell people that he and the GCCF were independent.

Should we wait on the GCCF?

There are a lot of people who have taken a wait and see attitude, while many who were in more need, are now homeless, due to foreclosures and cars getting repossessed. For the life of me I can`t understand why there was not a moratorium for foreclosures and repo`s through out the Gulf region, for individuals that showed a direct link of loss due to the oil spill. Why make people wait, wait, and wait, only to lose everything. There were people that have been waiting since the GCCF took over, for their BP Claims money, only to get waited out by the GCCF, and forced to take a quick pay deal. So when everyone was waiting for the check to come, and desperation grew, BP made quick pay offers of 5k for individuals and 25k for business`s, but they had to sign away any future claims, and agree not sue BP. Now does that sound like they are really here to help people.

The GCCF claims system is broken

How many times I have been told that somebody`s paperwork got lost, or they haven`t heard for months, then only to get a denial. The GCCF claims system is broken. It`s supposed to be saving people, not helping them reach new found levels of desperation. BP claims money simply should have gotten to the people by now. Instead BP is trying to narrow the field of claims they will pay, today they came down on moratorium claims. Claiming that they are not responsible for the government banning deepwater drilling. Memo to BP, Obama wouldn`t have closed down a whole industry, if it was not for your catastrophic failure to notice the obvious. Your checks and balance system was corrupted and broken, your corporate culture was based on selfishness not safety, and was most exemplified by Mr Hayward. Then you tell us to trust you, and wait for our GCCF Claims offer, still waiting.

BP Claims & GCCF hide behind OPA

The U.S. Oil Pollution Act, which requires companies to compensate people and businesses harmed by an offshore spill, makes clear that liability is “limited to damages directly caused by a covered oil spill and that indirect or derivative losses are not compensable,” BP said in papers filed yesterday in federal court in New Orleans.

BP said it isn’t responsible for damages to boats that participated in its VOO program or for the losses of Gulf Coast businesses idled by the U.S. deep-water drilling moratorium.

VOO gets dealt a blow by BP/GCCF

In March, hundreds of boat owners and contractors who participated in cleaning up the BP spill filed a master complaint seeking compensation for unpaid wages, vessel damage and physical injuries from contact with the spilled oil or chemical dispersants used to break up the oil. BP yesterday asked the federal court in New Orleans overseeing spill suits to dismiss claims by these plaintiffs under the Oil Pollution Act.

We will see how BP handles these claims through the GCCF process, they also went on to tell Louisiana that they needed to go through the GCCF process before they sue BP.

GCCF Uses Delay, Deny, Defend strategy again

If you all remember, and I am trying to emphasize this, the GCCF and BP are using a Delay, Deny, Defend strategy. If the GCCF and BP wanted to pay people they would be. They are following the text book of how to handle situations such as this. The book was written by unscrupulous insurance companies, and is often implemented when companies are trying not to pay, and it works. The GCCF could be more consistent and kind when it comes to paying BP Claims.

The good new is, some of the lawyers we have connected with will take these GCCF claims.

Transocean Claims

I was informed that Judge Barbier had inferred in court that Law Firms could still file on behalf of claimants against Transocean, and some firms are. There are NO guarantees here. The deadline was April 20th, if you did not file and would still like to, here is your chance, I can`t guarantee it will go through, but there are firms that will give it a shot. So if you fill out the form to the right and put Transocean in the description, we will see to it that your claim gets to them. My thoughts on this are, that Judge Barbier saw that many firms were swamped with requests and is giving them a touch more time to get these in. This is pure conjecture, but that is the only valid reason I can figure.

Transocean Limitation Complaints

Directly taken from the Plaintiff Steering Committee website:
1) What is a Limitation Complaint?
When a vessel owner, such as Transocean, the owner of the Deepwater Horizon oil rig, forces all people who have claims resulting from an incident to make any claims against it in one proceeding. In that proceeding, the Court is asked to decide whether the vessel owner can limit its liability (or what it is responsible to pay) under the law.The Court may also determine other issues, such as the liability (if any) of the vessel owner, whether the vessel owner is liable for gross negligence or the amount of fault between and among the defendants. Gross negligence involves a reckless disregard for the safety of others.

If you can get into the process you will be covered by the February 2012 trial issues.

My experience with Corexit

From the very beginning of this project I have felt most drawn to helping BP Oil Spill Clean Up Workers. I was out on Grand Isle in June 2010 and the smell of Corexit filled the air, within hours I was coughing. In my infinite wisdom I picked up a piece of Corexit in my hand, I had it on the tip of my finger when it broke like an egg, and it suddenly covered my hand, seconds later my hand was burning, and when I tried to wipe it off, I only proceeded to spread it up my arm. A nice lady on the boat had baby wipes that removed it, regular towels were useless. The way the Corexit bonded with Oil and coagulated it created something that resembled the texture of the yolk of an egg. but more firm, until it broke then it was a gooey mess.

Clean up Workers & Corexit

Cleanup workers were ill equipped to handle the oil spill from the very beginning, lacking both basic equipment and the knowledge of just what they were dealing with. Corexit poses health risks at the molecular level. Corexit bio-accumulates in one`s body. The lungs, kidneys and liver are most affected, and it does cause cancer.

This is from Wikipedia: Mind you, this is about Corexit 9527 not 9500, less is known about the after effects of 9500 on Humans.

Corexit 9527, considered by the EPA to be an acute health hazard, is stated by its manufacturer to be potentially harmful to red blood cells, the kidneys and the liver, and may irritate eyes and skin.The chemical 2-butoxyethanol, found in Corexit 9527, was identified as having caused lasting health problems in workers involved in the cleanup of the Exxon Valdez oil spill.According to the Alaska Community Action on Toxics, the use of Corexit during the Exxon Valdez oil spill caused people “respiratory, nervous system, liver, kidney and blood disorders”.Like 9527, 9500 can cause hemolosys (rupture of blood cells) and may also cause internal bleeding.

Clean Up Workers Exposed to Corexit Seek Help

We get phone calls daily from people that are sick from the Corexit and worked on clean up crews. If you are sick, please fill out the form to the right and we will get you in touch with law firms that specializes in Helping people that are truly ill from the Clean Up of the Gulf Oil Spill. There are programs being put in place, and medical monitoring becoming available. There are certain medical tests you can also have done, that will measure the levels of exposure. If you think you are sick or know someone who is, please let us know.

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